- ter,”

Anna Marie D'Angelo

News Reporter
dangelo@nsnews.com

A North Vancouver
woman who slipped
and s¢ eriously injured
her Seg in a Vancouver
grocery store in 1995
has lost her lawsuit
against All India
Foods (1991) Ltd.

Shirin Vellani was 66 years
old when she slipped and fel!
on Feb. 11, 1995.

Vellani fell near a door
threshold while leaving the
All India Foods grocery store
located near 49th Avenue
and Main Street.

Vellani alleged thar she
slipped on “vegetable mat-
according to a recently
released B.C. Court decision.

Vellani’s husband, Abdul,
testified he saw a “green skid
mark” leading from the
threshold’s mezal strip and

“about four snow peas near-
by, smashed and cauliflower
leaves.”

Vellani troke her le;
the fall. She continued to
have pain and her North
Vancouver surgeon expected
the woman would need a
total knee replacement with-
in five years, according to the
court decision.

Shirin Vellani_ sued ‘the
store for $38,443.32. Vellani
alleged the store owners per-
mitted a hazard to exist,
failed to take care to ensure
reasonably safe walking on
the” premises and faiied to
warn her of a dangerous con-
dition.

All India Foods is a family

sine managed

-Mrock. Mrock’s
rnal Mrock Singh is
' president.

FINISHING <

ORD PROCESSING

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‘Under New Ownership / Management)

Charanjit Mrock, Karnal
Mrock Singh, Singh’s wife
and two other relatives work
at the grocery store.

All India Foods (1991)
Ltd. management took issue
with Vellani’s reason for
falling and the alicged inade-
guacy in store maintenance.

A three-day trial rook
place in April.

Charanjit Mrock testified
the store never sold snow
peas which he explained were
sometimes called sugar peas.

The store did sell cauli-

flower, but at the time of

Vellani’s mishap in a winter
month, the vegetable arrived
at the store wrapped in cello-

hane with the leaves severe-
ly trimmed.

Mrock said only a small
green stub of leaf was
attached to the wrapped cau-
liflower.

The store’s fruit and pro-
duce records backed up
Mrock’s assertions.

The only record of snow
peas noted in the “many”
sales vouchers occurred with
a delivery on Feb. 27, 1995
(16 days after Vellani’s fall.)

That snow pea shipment
was returned on the same
day with a credit note issued.

A store si pur testified
that he supplied gurah beans
to All India Foods which
resembled snow peas, but
were more expensive,

But B.C.
Mr. Justice Gerald Coultas
concluded, “There is no evi-
dence that persuades me that
Mr. Vellani saw a gurah bean,
Not a snow pea.”

The judge said he was left
not knowing if Shirin Vellani
“slipped at all or fell from
some other cause.”

The judge said the store’s
floor maintenance system
was reasonable.

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The judge awarded legal
costs to Mrock. But Coultas
noted that Mrock displaved
“truculence at one point in

evidence about snow peas
and cauliflower leaves and
believed the claim is fraudu-
tent and said so bluntly.

Wednesday, September 16, 1993 — North Shore News = 15

| Court says no peas in vegetable matter

The News contacted
Shirin Vellani ar her North
Vancouver home. She
deferred comment to ker

judge’s decision and was
considering appealing the
case. ,

Abdul Vellani his wife may

upreme Court |

husband, Abdul. need a knee replacement
Abdul Vellani said that he — next year as a result of the
was disappointed in the fall.

His indignation was not
SO cgregious as to attract spe-
cial costs.”

his evidence.”
Coultas = stated, “He
(Mrock) heard Mr. Vellani’s

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